San Francisco, CA asked in Employment Law for California

Q: In California I had 12 hours in a single day from two separate shifts grave then swing am I entitled to overtime?

I am on a 4x10 schedule and neither single shift was over 10 hours but the different start times put me at 12 hours on that day

Related Topics:
1 Lawyer Answer
Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: Your question is complicated. First, the general rule is overtime after 8 hours or 40 hours per week, though different rules apply to certain job categories. In addition, California permits alternative work weeks like 4 days with 10 hours per day without payment of overtime if there is a valid employee election selecting that schedule. Critically, employers may not unilaterally impose an alternative work schedule without incurring overtime liability.

Second, the employer is allowed to set the start of the work day. In the absence of the employer setting the start time is 12 midnight. Thus, if you hit 12 hours within the work day, you should be entitled to overtime.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.